If your child is born in the United States, can you stay?

 Posted on May 19, 2023 in English

This is a common question among non-U.S. citizens who give birth to a baby while visiting the United States. Whether the mother is here on vacation or for another temporary reason that does not allow her to remain in the United States permanently or work in the United States, it can be a complex issue.

American citizenship by birth

Children born in the United States are U.S. citizens by being born on U.S. soil. However, that only gives the mother (or father, for that matter) the right to remain in the United States if they are also a citizen, in the U.S. on a visa or already have a Green Card.

An American child born to non-citizens on U.S. soil cannot immigrate their parents. The child must be a 21-year-old adult before they can sponsor their parents. In the meantime, however, the child can enter the United States as often as they like, given that they are U.S. citizens.

Risk of deportation

Parents of children who are born in the United States but do not have visa privileges should talk to an attorney to discuss the different visa options available to them, as well as the possibility of deportation if that is a concern for the parents.

Every immigration case is different, and while a child born in the United States is an American citizen, the issues involving the child's parents and their immigration status in the United States depend on a variety of factors, including the type of visa they have, whether they are sponsored to be in the United States, whether they have a work permit and other factors that determine whether the parents can remain on U.S. soil.